Factors to be considered by court in awarding attorney fees
- limitation on appellate review of attorney fee award
Source:
Section 20.075 — Factors to be considered by court in awarding attorney fees; limitation on appellate review of attorney fee award, https://www.oregonlegislature.gov/bills_laws/ors/ors020.html.
Notes of Decisions
Factor consideration requirement applies to appellate courts. McCarthy v. Oregon Freeze Dry, Inc., 327 Or 84, 957 P2d 1200 (1998), clarified 327 Or 185, 957 P2d 1200 (1998)
Findings regarding attorney fees are adequate if sufficiently clear to permit meaningful appellate review of relevant facts and legal criteria relied upon. McCarthy v. Oregon Freeze Dry, Inc., 327 Or 185, 957 P2d 1200 (1998)
In assessing whether parties and attorneys were reasonable and diligent in pursuing settlement of dispute, court may evaluate offer of settlement unless offer was made during mediation process. Bidwell and Bidwell, 173 Or App 288, 21 P3d 161 (2001)
Lack of findings does not permit reversal on appeal of attorney fees award where opposing party fails to tender specific objections to trial court identifying issues to be considered regarding award. Gillies and Gillies, 175 Or App 460, 28 P3d 1244 (2001)
In determining whether requested hourly rate for attorney fees is reasonable, federal district court for Oregon uses Oregon State Bar Economic Survey as initial benchmark. Roberts v. Interstate Distributor Co., 242 F. Supp. 2d 850 (D. Or. 2002)
In determining objective reasonableness of claims and defenses asserted by party, court may consider only conduct during proceeding, not conduct giving rise to proceeding. Niman and Niman, 206 Or App 400, 136 P3d 1186 (2006)
Trial court’s reduction of requested attorney fees that are otherwise reasonable must be supported by rational nexus between factor that serves as basis of reduction, underlying circumstances that give rise to reduction and amount of reduction. Grisby v. Progressive Preferred Insurance Co., 233 Or App 210, 225 P3d 101 (2010)
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